APHC010478872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24465/2025 Between: 1. PERUGU VEERA BHADRA RAO, S/O SAI RAJU, AGED 45 YEARS, OCC PETTY BUSINESS, MAIN ROAD, VEDULLAPALLI VILLAGE, SITHANAGARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR AND MAGISTRATE, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. THE TAHSILDAR, SITHANAGARAM MANDAL, EAST GODAVARI DISTRICT. 5. THE PANCHAYAT SECRETARY, THE VEDULLAPALLI GRAMPANCHAYAT, VEDULLAPALLI VILLAGE, SITHANAGARAM MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of the respondents in trying to evict the petitioner from his Shop and further declare the action of the respondents in trying to demolish the petitioners shop situated beside the R and B Main Road, Vedullapalli Village, Sithanagaram Mandal, East Godavari District without following due process of Law as bad, illegal, arbitrary, unjust, improper, contrary to law and in violation of principles of natural justice and also in violation of fundamental rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to evict the petitioners from his shop situated beside the R and B Main Road, Vedullapalli Village, Sithanagaram Mandal, East Godavari District and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to demolish the petitioner’s shop situated beside the R&B Main Road, Vedullapalli Village, Sithanagaram Mandal, East Godavari District pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA VIJAYA SANTHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.24465 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the highhanded action of the respondents in trying to evict the petitioner from his Shop and further declare the action of the respondents in trying to demolish the petitioner’s shop situated beside the R & B Main Road, Vedullapalli Village, Sithanagaram Mandal, East Godavari District without following due process of Law as bad, illegal, arbitrary, unjust, improper, contrary to law and in violation of principles of natural justice and also in violation of fundamental rights guaranteed under Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to evict the petitioners from his shop situated beside the R & B Main Road, Vedullapalli Village, Sithanagaram Mandal, East Godavari District and to pass such other order or orders…...” 2. Heard learned counsel for petitioner, learned Standing Counsel for respondent No.5 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that after obtaining necessary permission from the Gram Panchayat, the petitioner established a small shop beside R & B main road at the Panchayat premises of Vedullapalli Village, Sithanagaram Mandal, East Godavari District. Since then, the petitioner has been in peaceful possession and enjoyment of the said shop. While so, the respondent No.5 issued the impugned notice dated 21.07.2025 directing the petitioner to remove the subject shop, without issuing any prior notice or providing an opportunity to the petitioner. He further submits that the subject notice is not preceded by any prior notice and directed the petitioner to remove the subject 4 shop, which is contrary to the principles of natural justice and due procedure as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for the 5th respondent submits that even though the subject impugned notice is named as notice, but it is in the form of an order directing the petitioner to remove/vacate the encroached land. As such, the learned Standing Counsel submits that let there be a direction to the petitioner that to treat the impugned notice as show-cause notice and to submit his explanation to substantiate his rights and title over the subject property. After such submission, the respondents, more particularly, 5th respondent- Gram Panchayat will consider the same and pass appropriate orders in accordance with law. 5. Considering the submissions made by the learned counsel for the petitioner, learned Standing counsel for the respondents and on perusal of the material placed on record, it is appears that the impugned notice dated 21.07.2025 issued to the petitioner is in the form of an order directing the petitioner to remove/vacate the subject shop from the encroached land, much less, without any prior notice and without observing due process. Therefore, as contended by the learned Standing Counsel, the petitioner may treat the impugned notice dated 21.07.2025 as a show-cause notice. Further the petitioner herein is permitted to submit his detailed explanation to the notice along with the documents to substantiate his claim over the subject property. 5 6. In view of the reasons stated above, the present writ petition is disposed of, directing the petitioner to submit detailed explanation to the notice dated 21.07.2025 treating it is as a show-cause notice and substantiate his claim over the subject property, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondents are directed to consider the same and pass appropriate orders, after conducting survey and demarcation in the presence of petitioner. After such survey and demarcation, if any encroachments are found, then the respondents shall follow due procedure as contemplated under the Act, 1994 for removal of the same. The entire exercise shall be completed within a period of two (02) months, thereafter. In the meanwhile, the respondents are directed not to demolish/interfere with the peaceful possession and enjoyment of the subject property of the petitioner. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 1111..0099..22002255 TTPPSS 6 275 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.24465 OF 2025 1111..0099..22002255 TTPPSS